Terms and Conditions
1. Introduction
The following terms and conditions (hereinafter referred to as “terms”) will apply to the use of the Rothmans Mint Fusion XL Microsite (
champez.ke) herein referred to as the Platform. By accessing the Platform and/or Service, you will be deemed to
have read, understood and agreed to be bound by these terms while using the Platform and as updated from time to time in accordance with the provisions below. Please read the Terms carefully before accessing the
Platform.
For purposes of the Terms:
“we”, “us” “our” refers to BAT Kenya Tobacco Company Limited, a company incorporated in Kenya and situated at 08 Likoni Road and of Post Office number 30000-00100 Nairobi Kenya “you”, “user” refers to the consumer
accessing the Microsite by scanning the QR code of the product on the pack or through the champez.ke Microsite.
“Products” means the Rothmans Mint Fusion XL owned by and/or licensed to BAT Kenya Tobacco Company Limited and its affiliated companies. “Service” means the interactive information, communication, commercial
and research related information published, communicated, or delivered by using the consumer Microsite with respect to the Products; and
“Platform” means the Rothmans Mint Fusion XL Microsite used by the Consumer for the Service.
2. By accessing the Service, you agree that:
2.1. You are eighteen (18) years of age and above.
2.2. You understand that the purpose of the Service is to help you understand the Product better and use the microsite solely for your personal, non-commercial use. The content in the Platform is solely intended for
educational purposes and does not in any way or form constitute advertising or promoting a tobacco product.
2.3. Access to the Service is permitted on a temporary basis, and we reserve the right to withdraw (temporarily or permanently) or amend the Service without notice. We will not be liable if, for any reason, the Service
is
unavailable at any time or for any period.
2.4. You are responsible for any activity that occurs under or through your username or any access and use occurring through your user credentials in relation to the Service and you shall notify us immediately if you
become aware of any unauthorized use of your username for the Service.
2.5. You may not use the Platform for any unlawful, fraudulent, illegal or unauthorized purpose and you hereby agree to comply with all applicable local laws of Kenya.
2.6. We make no representations, warranties or guarantees, that the content on the Platform is accurate, complete or up-to-date or is free from errors or omissions and do not accept any liability for the same.
2.7. Commentary and other materials posted on the Platform are not intended to amount to any kind of professional
advice on which reliance should be placed. In particular, the information on Platform should not be used as a replacement for advice from a medical professional. We disclaim all liability and responsibility arising from
any reliance placed on such materials (to the maximum extent permitted under the law) by any user of the Platform or by anyone who may be informed of any of its contents.
3. Privacy Notice
3.1. Please read our privacy notice herein attached below which forms part of the Terms, to understand how we use and protect the personal data that you may provide to us by accessing the Service. Personal data means any
information relating to an identified or identifiable natural person, that is, your name, age, phone number, location, etc.
3.2. We process your personal data in accordance with our privacy notice. By accessing and using the Platform, you consent to such processing, and you warrant that all data provided by you is accurate.
3.3. In addition, you consent to us sharing your personal data with third party partners in relation to the Product and to us collecting, storing and/or processing your personal data as well as transferring your personal data to the third parties in accordance with the applicable data protection legislation.
4. Intellectual Property
4.1. We own and retain all right, title and interest, including all intellectual property rights in and/or for use of the Platform.
4.2. The content on the Product or any manuals belong to BAT and you warrant and undertake not to share, circulate or otherwise distribute the same in any manner to any unauthorized third party.
4.3. We grant you a revocable, personal, non-transferable license to use the Service on any device to which the Service is transmitted to, or used within, and for no other purpose provided that you keep intact all
copyright and other proprietary notices. Any reproduction of the Service or the Content is expressly prohibited by law and may result in civil and criminal action against you.
4.4. Nothing in these terms and conditions nor in your use of the Platform grants you any license or right to use any BAT registered trade mark, or any other trade mark belonging to or used by British American Tobacco or
any company in the British American Tobacco Group (whether registered, unregistered or the subject of a registration application in the UK, EU or anywhere in the world).
5. Liability and indemnities
5.1. Except in the case of personal injury or death caused by our negligence or fraudulent misrepresentation, to the extent permitted by law, neither us nor any of our third party partners in relation to the Product
shall be liable for any losses or damage whether in contract, tort (including negligence) or otherwise and whether direct or indirect (including, without limitation direct or indirect loss of profits), consequential,
incidental or special that may result from your access or use of the Platform howsoever arising. Your sole remedy is to discontinue using the
Platform.
5.2. You hereby agree to indemnify and hold us harmless from all claims and all direct, indirect or consequential liabilities (including loss of profits, loss of business, depletion of goodwill and similar losses),
costs, proceedings, damages and expenses (including legal and other professional fees and expenses) incurred by or awarded against us as a result of your misuse of the use of the Platform or breach of these Terms.
5.3. We will not be liable for any loss, cost, damage or injury (whether consequential, contingent or foreseeable) suffered by you as a result of your infringement of any Intellectual Property right in relation to the
Service; any failures, defects, technical failures or delays in the delivery of the Service; and non-compliance with express directions regarding unauthorized sharing of the Content on the Platform.
6. Termination
6.1. We reserve the right to suspend or block your access to the Platform or to automatically terminate the Service at any time if you fail to comply with any of the provisions of these Terms or for any other reason, at
our sole discretion.
6.2. We reserve the right at any time and without notice to enhance, modify, alter, suspend or permanently discontinue all or any part of the Service or the Service and to restrict or prohibit access to it. We will not
be liable to compensate you in any manner and for whatever reason, in such instance.
7. General Terms
7.1. These terms of use are governed by the laws of Kenya.
7.2. Any disputes arising from your access or use of the Platform shall in the first instance be settled amicably between the parties. Failing amicable settlement, the aggrieved party has the right to refer the dispute
to arbitration in accordance with the Arbitration Act 1995 or any other law in force for the time being; and the parties shall agree on a single arbitrator and if the parties are unable to appoint the arbitrator, the
arbitrator shall be appointed by the chairperson of Chartered Institute of Arbitrators, Kenya Chapter. The arbitrator shall determine the rules of arbitration to be used.
7.3. We may revise these Terms at any time. You are expected to read through the Terms whenever you access or use the Platform.
7.4. If any provision of the Terms is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof
shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing
the intention of such invalid or unenforceable term.
7.5. Neither party will be liable for failure or delay in its performance of any obligation under the Terms due to circumstances beyond its reasonable control, that is, Force Majeure.
7.6. No delay, omission or failure by us to exercise any of our rights or remedies will be deemed to be a waiver or acquiescence.
7.7. The Terms shall govern our relationship with you and represent our entire agreement with you.
DISCLAIMER
ROTHMANS MINT FUSION XL is a product of BAT Kenya Tobacco Company Limited. ROTHMANS MINT FUSION XL contains Tobacco. Tobacco use causes cancer. This product should not be used by persons under the age of
18 years.
Keep ROTHMANS MINT FUSION XL product out of reach of children.
Thank you for using the Platform.
Privacy Notice
1. Introduction
This Privacy Notice explains what we do with your personal information when you access or use the Platform. It describes how we collect, use and process your personal information, and how, in doing so, we comply with our
legal obligations to you. Your privacy is important to us, and we are committed to protecting and safeguarding your rights. The terminology referred to throughout the Privacy Notice is described in the Terms and
Conditions of Use above.
2. Information We Collect About You
When you access the Platform, we collect and use information about you in the course of providing you the Service.
We may collect some or all of the information listed below to help us with this:
• Information submitted online via the Platform on your identification or any other information of value to us. These may include but not be limited to your name, telephone number, gender, age group and any other
personal data.
• Technical information about your access, including details of your access to the Platform and your navigation around Platform, traffic data, communication data, information about the device you use to access the
Platform, your Internet Protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and
platform.
• Some of the personal information we collect from you is required to enable us to fulfil our contractual duties to you or to others e.g. to verify your age.
• Depending on the type of personal information in question and the grounds on which we may be processing it, should you decline to provide us with such data, we may not be able to fulfil our contractual requirements or,
in extreme cases, may not be able to continue with our relationship with you.
3. How We Use Your Information
We use your information in the following ways:
• to carry out our obligations arising from any contracts with you accessing the Service;
• to ensure that the Platform content is presented as effectively as possible;
• for our internal purposes, such as quality control, Platform performance, system administration and to evaluate use of the Platform, so that we can provide you with enhanced services;
• to notify you about changes to our services;
• to verify your age (please see below for further details);
• to authenticate you when logging into your account (if you have created one) and to make registration process more convenient for you;
• to provide you with customer support, respond to your queries and resolve your complaints; and
• where possible, to enable you to participate in the features of the Platform, when you choose to do so.
Verifying your age
As this Platform relates to the Products, we must make sure that users are verified to be aged 18 years or above failing which you shall not access the Service.
4. Sharing Your Information with Third Parties
We will share your information primarily to ensure that we provide you with the most exciting and up to date products.
We may share your information with any of the following groups (but not limited to) tax, audit, or other authorities, when we believe we are legally required to do so, where the relevant authority has asked us to assist
(for example, because of a request by a tax authority or in connection with any expected litigation), third party service providers such as external consultants and professional advisers (including but not limited to law
firms, auditors and accountants), technical support functions, and IT consultants carrying out testing and work on our business technology systems); or third party outsourced IT providers, including but not limited to
email/text messaging providers; Cloud IT service providers, business suite solution providers; data analytics agencies; IT strategic implementation partners; hosting service providers.
We may share the non-personal aggregated statistics data about accessors to the Platform with third parties for analytics and statistical purposes.
5. WHERE WE STORE YOUR INFORMATION
Your personal information may be transferred outside of Kenya to the third parties described herein. This shall be done in compliance with the data protection laws and any other enabling legislation prevailing in Kenya.
6. HOW WE SAFEGUARD YOUR INFORMATION
• We care about protecting your information. We endeavor to put in place appropriate measures that are designed to prevent unauthorized access to, and misuse of your personal information.
• We are committed to taking all reasonable and appropriate steps to protect the personal information that we hold from misuse, loss, or unauthorized access through use of appropriate technical and organizational
measures in place including encryption and disaster recovery plans.
• The Platform may from time to time contain links to and from other apps. If you follow a link to any of those sites, please note that those sites ought to have their own privacy policies and that we do not accept any
responsibility or liability for those sites or for their privacy policies. Please check those privacy policies before you submit your information to those sites.
• While all measures have been put in place to secure your information, we cannot guarantee the security of your information transmitted to the Platform and any transmission is at your own risk.
7. How Long We Keep Your Information
We will keep your information as long as is reasonably necessary as may be required by law or other regulation.
If you have registered an account with us: we will store your personal information for as long as your account is open. If you no longer wish to hold an account with us, please email us or call us to
delete your account (see How to contact us below). By doing so, we will delete your account and remove you from our mailing list. However, as noted above, we may still retain some of the information for legal or
regulatory or research reasons.
If you have contacted us with a complaint or query: we will store your personal information for as long as is reasonably required to resolve your complaint or query.
When it is no longer necessary to retain your data, we will delete the personal information that we hold about you from our systems. After that time, we may aggregate the data (from which you cannot be identified) and
retain it for analytical purposes.
8. YOUR RIGHTS
You have the following rights in relation to your information.
The rights:
a) to obtain confirmation from us as to whether we hold personal data relating to you;
b) to have communicated to you, any data relating to you within a reasonable time, in a form that is readily intelligible and for a charge (if applicable) which is reasonable and not excessive;
c) to be given reasons if a request made under subparagraphs (a) and (b) is refused, and to be able to challenge such refusal; and
d) to challenge data relating to you and, if the challenge is successful, to have the data erased, rectified, completed or amended, as requested.
9. CHANGES
We may make changes to this Privacy Notice at any time by posting a copy of the modified notice on the Platform or, where appropriate, by sending you an email with that notice. Any changes will take effect 7 days after
the date of our email or the date on which we post the modified terms on the Platform, whichever is the earlier.
10. HOW TO CONTACT US
If you have any queries about this Privacy Notice, please contact us on email: info_ke@bat.com or at:
BAT Kenya Tobacco Company Limited
08 Likoni Road,
Industrial Area
P.O box 30000-00100Nairobi
Kenya
When contacting us by email or post, please use the subject heading ‘Data Protection Query’ so that we can direct your query to the appropriate person and deal with it promptly.